People v Kevorkian Criminal Law 2020 PDF

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Case Brief based on "Criminal Law and Its Processes: Cases and Materials" by Kadish...

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Pg. 524-527 People v Kevorkian Supreme court of Michigan (1994) Dassisted in the deaths of sherry miller and Majorie Wantz on 10-23-91, nearly a year before Michigan enacted a statute that prohibited giving assistance in a suicide. Procedural History  D indicted on 2 counts of murder.  Circuit judge dismissed the charges, concluding that assisting in suicide does not fall within the crime of murder.  Court of appeals concluded that the lower court erred in quashing the information.  Kevorkian appeals to Michigan Supreme Court.  Supreme Court Remand the matter to circuit court for reconsideration for the D’s motion to quash in light of the principles discussed in this opinion. 

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Both women were suffering from conditions which caused them great pain or that was severely disabling. Separately sought the D’s assistance in ending their lives. One used suicide machine, one used carbon monoxide gas. Both died.

DArguments  Roberts is dicta b/c the D in that case pleaded guilty to murder. Controlling authority was People v. Campbell o Is Roberts Viable?  CA Supreme Court found D is guilty only when participating in an overt act, such as pushing the plunger of a needle, or shooting a gun; but not if the D is only involved in the events leading up to suicide.  Overrule Roberts in the sense that is constant with CA finding, in case of murder....